Television

Tuesday, March 15, 2016

The battle rages on in Montgomery County

Not Between Cosby and Prosecutors, But Between Prosecutors and a Former ProsecutorMontgomery County District Attorney Kevin Steele
is aiming to quash a subpoena served by former District Attorney Bruce L.
Castor Jr., seeking information from the criminal investigation of Bill Cosby
that took place while Castor was district attorney.

Steele filed a motion to quash Wednesday in Constand
v. Castor. Castor had sought from Steele's office all statements,
transcripts and other recordings from 2004 and 2005 made by Andrea Constand,
who has alleged Bill Cosby sexually assaulted her. It specifically asked for
any statements made to Montgomery County detectives, Philadelphia Police,
Cheltenham Police and Ontario Police.

Constand told law enforcement in 2005 that Cosby
had sexually assaulted her the year before. After investigating the
allegations, Castor announced that his office would not be criminally charging
Cosby. Constand later sued Cosby and the case ended in a confidential
settlement.

Constand filed a defamation lawsuit against
Castor in October. The complaint alleged that Castor conveyed and implied that
Constand was inconsistent in her accusations of Cosby and exaggerated her
claims. According to the lawsuit, Castor told The Associated Press in September
that Constand lodged more serious complaints in her civil suit than she told
police. Castor was serving as a county commissioner and was running for
district attorney at the time, against Steele.

In his motion to quash, Steele said Castor is
not entitled to the statements collected while Castor was district attorney.
The motion said the Pennsylvania Criminal History Record Information Act
prohibits disclosure of those statements, unless it is to a criminal justice
agency.

In an affidavit supporting Steele's motion,
Montgomery County detective James Reape noted that, upon information and
belief, Castor is a special assistant district attorney in Centre County.

"However, his instant request, which I have
reviewed, stems from a defamation suit against him personally," Reape
wrote. "Therefore, even if defendant could be considered a law enforcement
agency, he seeks this information in his personal, not law-enforcement,
capacity."

Reape's affidavit said Constand did not make any
statements to law enforcement in 2004. The statements she made in 2005, he
said, have been kept confidential.

Robert C. Pugh of Kane, Pugh, Knoell, Troy &
Kramer, an attorney for Castor, could not be reached for comment on motion to
quash. Neither could Dolores Troiani, an attorney for Constand.

About Matt

An analysis of crime and punishment from the perspective of a former prosecutor and current criminal justice practitioner.
The views expressed on this blog are solely those of the author and do not reflect the opinions or postions of any county, state or federal agency.